AIR 1995 SUPREME COURT 605 ::1994 AIR SCW 4883 ::1994 AIR SCW 4897 ::1994 (6) SCC 360 ::(1994) 6 JT 632 (SC)

Supreme Court Of India

Hon'ble Judge(s): M. N. Venkatachaliah, A. M. Ahmadi, J. S. Verma, G. N. Ray, S. P. Bharucha , JJJ

(A) Acquisition of Certain Area at Ayodhya Act (33 of 1993) , S.1— Pith and substance of Act is acquisition of property and not public order - Act falls squarely within ambit of Entry 42, List 3 of Sch. 7 of Constitution - State of Uttar Pradesh being under President's rule at the relevant time, legislative competence of the Parliament cannot be doubted. Constitution of India , Sch.IX List III Entry 42— (Para 28) (B) Constitution of India , Preamble, Art.14— Secularism - Concept of, as adopted in Constitution - It is also a facet of right to equality. It is clear from the constitutional scheme that it guarantees equality in the matter of religion to all individuals and groups irrespective of their faith emphasising that there is no religion of the State itself. The Preamble of the Constitution read in particular with Arts. 25 to 28 emphasises this aspect and indicates that it is in this manner the concept of secularism embodied in the constitutional scheme as a breed adopted by the Indian people has to be understood while examining the constitutional validity of any touch stone of the Constitution. The concept of secularism is one facet of the right to equality woven as the central golden thread @page-SC606 ....